SUHRAB vs THE STATE

This bail application was filed by the accused, Sohrab, seeking post-arrest bail in connection with Crime No. 19 of 2003 registered at Police Station, Khanpur, for offences under sections 302, 459, 148, and 149 of the Pakistan Penal Code 1860. The core legal question before the court was whether the accused was entitled to the concession of bail given the specific allegations contained in the First Information Report (F.I.R.). Upon reviewing the F.I.R., the Court observed that while the presence of the accused at the crime scene was alleged, no specific overt act was attributed to him, nor was there any allegation that he participated in the firing or the commission of the offence. Consequently, the Court held that the case against the applicant required further inquiry. The Court granted bail to the applicant, establishing the principle that where an F.I.R. merely alleges presence without attributing any specific overt act or participation in the crime, the case against the accused falls within the scope of further inquiry, thereby entitling the accused to bail.